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c077f83 added LICENSE
dsaff authored Apr 14, 2010
1 JUnit
2
3 Common Public License - v 1.0
4
5 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC
6 LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
7 CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
8
9 1. DEFINITIONS
10
11 "Contribution" means:
12
13 a) in the case of the initial Contributor, the initial code and
14 documentation distributed under this Agreement, and
15 b) in the case of each subsequent Contributor:
16
17 i) changes to the Program, and
18
19 ii) additions to the Program;
20
21 where such changes and/or additions to the Program originate from and are
22 distributed by that particular Contributor. A Contribution 'originates' from a
23 Contributor if it was added to the Program by such Contributor itself or anyone
24 acting on such Contributor's behalf. Contributions do not include additions to
25 the Program which: (i) are separate modules of software distributed in
26 conjunction with the Program under their own license agreement, and (ii) are
27 not derivative works of the Program.
28
29 "Contributor" means any person or entity that distributes the Program.
30
31 "Licensed Patents " mean patent claims licensable by a Contributor which are
32 necessarily infringed by the use or sale of its Contribution alone or when
33 combined with the Program.
34
35 "Program" means the Contributions distributed in accordance with this Agreement.
36
37 "Recipient" means anyone who receives the Program under this Agreement,
38 including all Contributors.
39
40 2. GRANT OF RIGHTS
41
42 a) Subject to the terms of this Agreement, each Contributor hereby grants
43 Recipient a non-exclusive, worldwide, royalty-free copyright license to
44 reproduce, prepare derivative works of, publicly display, publicly perform,
45 distribute and sublicense the Contribution of such Contributor, if any, and
46 such derivative works, in source code and object code form.
47
48 b) Subject to the terms of this Agreement, each Contributor hereby grants
49 Recipient a non-exclusive, worldwide, royalty-free patent license under
50 Licensed Patents to make, use, sell, offer to sell, import and otherwise
51 transfer the Contribution of such Contributor, if any, in source code and
52 object code form. This patent license shall apply to the combination of the
53 Contribution and the Program if, at the time the Contribution is added by the
54 Contributor, such addition of the Contribution causes such combination to be
55 covered by the Licensed Patents. The patent license shall not apply to any
56 other combinations which include the Contribution. No hardware per se is
57 licensed hereunder.
58
59 c) Recipient understands that although each Contributor grants the
60 licenses to its Contributions set forth herein, no assurances are provided by
61 any Contributor that the Program does not infringe the patent or other
62 intellectual property rights of any other entity. Each Contributor disclaims
63 any liability to Recipient for claims brought by any other entity based on
64 infringement of intellectual property rights or otherwise. As a condition to
65 exercising the rights and licenses granted hereunder, each Recipient hereby
66 assumes sole responsibility to secure any other intellectual property rights
67 needed, if any. For example, if a third party patent license is required to
68 allow Recipient to distribute the Program, it is Recipient's responsibility to
69 acquire that license before distributing the Program.
70
71 d) Each Contributor represents that to its knowledge it has sufficient
72 copyright rights in its Contribution, if any, to grant the copyright license
73 set forth in this Agreement.
74
75 3. REQUIREMENTS
76
77 A Contributor may choose to distribute the Program in object code form under
78 its own license agreement, provided that:
79
80 a) it complies with the terms and conditions of this Agreement; and
81
82 b) its license agreement:
83
84 i) effectively disclaims on behalf of all Contributors all warranties and
85 conditions, express and implied, including warranties or conditions of title
86 and non-infringement, and implied warranties or conditions of merchantability
87 and fitness for a particular purpose;
88
89 ii) effectively excludes on behalf of all Contributors all liability for
90 damages, including direct, indirect, special, incidental and consequential
91 damages, such as lost profits;
92
93 iii) states that any provisions which differ from this Agreement are
94 offered by that Contributor alone and not by any other party; and
95
96 iv) states that source code for the Program is available from such
97 Contributor, and informs licensees how to obtain it in a reasonable manner on
98 or through a medium customarily used for software exchange.
99
100 When the Program is made available in source code form:
101
102 a) it must be made available under this Agreement; and
103
104 b) a copy of this Agreement must be included with each copy of the
105 Program.
106
107 Contributors may not remove or alter any copyright notices contained within the
108 Program.
109
110 Each Contributor must identify itself as the originator of its Contribution, if
111 any, in a manner that reasonably allows subsequent Recipients to identify the
112 originator of the Contribution.
113
114 4. COMMERCIAL DISTRIBUTION
115
116 Commercial distributors of software may accept certain responsibilities with
117 respect to end users, business partners and the like. While this license is
118 intended to facilitate the commercial use of the Program, the Contributor who
119 includes the Program in a commercial product offering should do so in a manner
120 which does not create potential liability for other Contributors. Therefore, if
121 a Contributor includes the Program in a commercial product offering, such
122 Contributor ("Commercial Contributor") hereby agrees to defend and indemnify
123 every other Contributor ("Indemnified Contributor") against any losses, damages
124 and costs (collectively "Losses") arising from claims, lawsuits and other legal
125 actions brought by a third party against the Indemnified Contributor to the
126 extent caused by the acts or omissions of such Commercial Contributor in
127 connection with its distribution of the Program in a commercial product
128 offering. The obligations in this section do not apply to any claims or Losses
129 relating to any actual or alleged intellectual property infringement. In order
130 to qualify, an Indemnified Contributor must: a) promptly notify the Commercial
131 Contributor in writing of such claim, and b) allow the Commercial Contributor
132 to control, and cooperate with the Commercial Contributor in, the defense and
133 any related settlement negotiations. The Indemnified Contributor may
134 participate in any such claim at its own expense.
135
136 For example, a Contributor might include the Program in a commercial product
137 offering, Product X. That Contributor is then a Commercial Contributor. If that
138 Commercial Contributor then makes performance claims, or offers warranties
139 related to Product X, those performance claims and warranties are such
140 Commercial Contributor's responsibility alone. Under this section, the
141 Commercial Contributor would have to defend claims against the other
142 Contributors related to those performance claims and warranties, and if a court
143 requires any other Contributor to pay any damages as a result, the Commercial
144 Contributor must pay those damages.
145
146 5. NO WARRANTY
147
148 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN
149 "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
150 IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
151 NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each
152 Recipient is solely responsible for determining the appropriateness of using
153 and distributing the Program and assumes all risks associated with its exercise
154 of rights under this Agreement, including but not limited to the risks and
155 costs of program errors, compliance with applicable laws, damage to or loss of
156 data, programs or equipment, and unavailability or interruption of operations.
157
158 6. DISCLAIMER OF LIABILITY
159
160 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
161 CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
162 SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
163 PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
164 STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY
165 WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
166 GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
167
168 7. GENERAL
169
170 If any provision of this Agreement is invalid or unenforceable under applicable
171 law, it shall not affect the validity or enforceability of the remainder of the
172 terms of this Agreement, and without further action by the parties hereto, such
173 provision shall be reformed to the minimum extent necessary to make such
174 provision valid and enforceable.
175
176 If Recipient institutes patent litigation against a Contributor with respect to
177 a patent applicable to software (including a cross-claim or counterclaim in a
178 lawsuit), then any patent licenses granted by that Contributor to such
179 Recipient under this Agreement shall terminate as of the date such litigation
180 is filed. In addition, if Recipient institutes patent litigation against any
181 entity (including a cross-claim or counterclaim in a lawsuit) alleging that the
182 Program itself (excluding combinations of the Program with other software or
183 hardware) infringes such Recipient's patent(s), then such Recipient's rights
184 granted under Section 2(b) shall terminate as of the date such litigation is
185 filed.
186
187 All Recipient's rights under this Agreement shall terminate if it fails to
188 comply with any of the material terms or conditions of this Agreement and does
189 not cure such failure in a reasonable period of time after becoming aware of
190 such noncompliance. If all Recipient's rights under this Agreement terminate,
191 Recipient agrees to cease use and distribution of the Program as soon as
192 reasonably practicable. However, Recipient's obligations under this Agreement
193 and any licenses granted by Recipient relating to the Program shall continue
194 and survive.
195
196 Everyone is permitted to copy and distribute copies of this Agreement, but in
197 order to avoid inconsistency the Agreement is copyrighted and may only be
198 modified in the following manner. The Agreement Steward reserves the right to
199 publish new versions (including revisions) of this Agreement from time to time.
200 No one other than the Agreement Steward has the right to modify this Agreement.
201 IBM is the initial Agreement Steward. IBM may assign the responsibility to
202 serve as the Agreement Steward to a suitable separate entity. Each new version
203 of the Agreement will be given a distinguishing version number. The Program
204 (including Contributions) may always be distributed subject to the version of
205 the Agreement under which it was received. In addition, after a new version of
206 the Agreement is published, Contributor may elect to distribute the Program
207 (including its Contributions) under the new version. Except as expressly stated
208 in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to
209 the intellectual property of any Contributor under this Agreement, whether
210 expressly, by implication, estoppel or otherwise. All rights in the Program not
211 expressly granted under this Agreement are reserved.
212
213 This Agreement is governed by the laws of the State of New York and the
214 intellectual property laws of the United States of America. No party to this
215 Agreement will bring a legal action under this Agreement more than one year
216 after the cause of action arose. Each party waives its rights to a jury trial
217 in any resulting litigation.
218
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